Undocumented vs illegal workers

Undocumented vs illegal workers

Regarding the recent deportation of Indonesian migrant workers
from Malaysia, it would be better, in honor of their rights and
dignity, to let these workers return to their home villages while
the Indonesian and Malaysian government sort things out. These
returned migrant workers are not refugees and must not be treated
as such. Otherwise, everybody will be busy taking care of this
matter which is quickly becoming a crisis and is bleeding the
nation.

There seems to be no clear policy in this respect and neither
is there any coordination between government agencies and the
parties taking care of these returned migrant workers now. The
central government and regional administrations should have
jointly discussed the mechanism for the return of these migrant
workers to their home villages. They should also have discussed
what must be done in the future to settle this problem. The
solution must be comprehensive and encompass the root cause of
the problem related to Indonesian migrant workers and a respect
for the dignity of Indonesian migrant workers. Otherwise, the
government's effort will be useless and history will repeat
itself.

It is really sad to note that the media and high-ranking state
officials call these deported migrant workers illegal Indonesian
migrant workers. The 1990 United Nations convention on the
protection of the rights of migrant workers and their family
members recognizes only two terms for migrant workers, namely
documented workers and undocumented workers. Documented workers
are migrant workers who are authorized by the receiving country
to enter, stay and engage in employment in that state in
accordance with the laws of the state.

Undocumented workers are migrant workers who are not
authorized by the host country to enter, stay and work in that
country. Regardless of whether the government has ratified this
convention or not, the use of the term "illegal Indonesian
migrant workers" is tantamount to imposing a penalty without a
trial.

CARLA JUNE NATAN

Coordinator

Center for Indonesian

Migrant Workers

Jakarta